HomeMy WebLinkAboutOrd. 1410-2009ORDINANCE NO. 1410-2009
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTH SAN FRANCISCO ELIMINATING THE TIME LIMIT
ON THE ESTABLISHMENT OF LOANS, ADVANCES, AND
INDEBTEDNESS WITH RESPECT TO THE
REDEVELOPMENT' PLAN FOR THE ORIGINAL
DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT
AREA
WHEREAS, pursuant to the requirements of the California Community Redevelopment
Law (Health and Safety Code Section 33000 et seq.) the City Council of the City of South San
Francisco (the "City Council") adopted the Redevelopment Plan for the Downtown/Central
Redevelopment Project Area by Ordinance No. 1056-89 on July 12, 1989 (as subsequently
amended, the "Redevelopment Plan"); and
WHEREAS, on November 9, 1994, the City Council adopted Ordinance No. 1152-1994
to amend the Redevelopment Plan by amending certain time limitations in accordance with
AB 1290; and
WHEREAS, on March 10, 2004, the City Council adopted Ordinance No. 1337-2004
extending certain time limitations in accordance with SB 1045; and
WHEREAS, on May 25, 2005, the City Council adopted Ordinance No. 1352-2005 to
add new territory, extend time limits for eminent domain proceedings, and fiscally merge the
Downtown/Central Project Area with other project areas; and
WHEREAS, in 1993 the State Legislature adopted AB 1290 which limited the time limit
for the establishment of loans, advances and indebtedness for redevelopment plans adopted prior
to January 1, 1994 to the later of 20 years from the date the plan became effective or January 1,
2004; and
WHEREAS, pursuant to AB 1290, the time limit under the Redevelopment Plan for the
establishment of loans, advances and indebtedness for the original Downtown/Central project
area (the "Original Area") would expire on July 12, 2009; and
WHEREAS, in 2001 the State Legislature adopted SB 211 which permits a
redevelopment plan to be amended, on or after January 1, 2002, to eliminate the time limit on the
establishment of loans, advances anal indebtedness as described in Health & Safety Code Section
33333.6(e)(2)(B); and
WHEREAS, when a redevelopment plan is amended pursuant to Section
33333.6(e)(2)(B), the redevelopment agency must pay each affected taxing entity: (i) the
amount required to be paid pursuant to an agreement between the agency and the affected taxing
entity entered into prior to January 1, 1994, or (ii) if no such agreement exists, the statutorily
prescribed pass-through payments contained in Section 33607.5(b), (c), (d), and (e), beginning in
the first fiscal year following the fiscal year in which the time limit for establishing loans,
advances and indebtedness was to expire, and determined in accordance with Section 33607.7
(b); and
WHEREAS, pursuant to Section 33333.6(e)(2)(B), in adopting this Ordinance neither
the City Council nor the Redevelopment Agency are required to follow the procedures ordinarily
required for the amendment of redevelopment plans; and
WHEREAS, in accordance with Section 33333.6(e)(3(A), apublic hearing regarding the
adoption of this Ordinance was duly held following publication of notice and delivery of notice
to each affected taxing entity; and
WHEREAS, the City Council has determined, in consultation with the Agency, that
eliminating the time limit for establishing loans, advances and indebtedness for the Original Area
will assist in accomplishing the goals and objectives of the Redevelopment Plan;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN
FRANCISCO DOES HEREBY ORDAIN A5 FOLLOWS:
Section 1. The time limit for establishing loans, advances and indebtedness under the
Redevelopment Plan is hereby eliminated for the Original Area pursuant to Section
33333.6(e)(2)(B)(3) of the California Health & Safety Code.
Section 2. The Redevelopment Plan is otherwise continued in full force and effect
except as amended by this Ordinance.
Section 3. The City Clerk is hereby directed to send certified copies of this
Ordinance to the Agency and the Controller of the State of California.
Section 4. If any part of this Ordinance is held to be invalid for any reason, such
decision shall not affect the validity of the remaining portion of this Ordinance, and the City
Council hereby declares that it would have passed the remainder of this Ordinance if such invalid
portion thereof had been deleted.
~ ~ ~
Introduced at a special meeting of the City Council of the City of South San Francisco,
held the 24th day of June, 2009.
Adopted as an Ordinance of the City of South Francisco at a special meeting of the City
Council held the 8th day of July, 2009 by the following vote:
AYES: Councilmembers Pedro Gonzalez, Richard A. Garbarino, and Kevin Mullin,
Vice Mayor Mark Addiego and Mayor Karyl Matsumoto
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: Cam. ,
Deputy City Cler
As Mayor of the City of South San Francisco, I do hereby approve, the foregoing
Ordinance this 8th day of July, 2009. ~ ~ ~,,
1 Matsumoto, Mayor
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